A member asked over 7 years ago

Relationship settlement

Hi. I have an issue that I want to resolve and would like help in what to do. I was in a previous relationship that lasted for 1 year and 4 months. I had purchased such things as a car, a phone and furniture.
I have tried to let my ex-partner sort out payment for said items but they have failed to do so over the last 6 months. I have received nothing from her, the phone is under my name, the car payment is under my name and I have the payment log to the owner of the furniture that I purchased which all of this has come from my account. I would like to resolve this with either getting the items back or being paid for the items.

What are my rights?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. When a couple separates, the parties usually need to decide how to divide their property between them. The law encourages parties to try to reach an agreement without having to resort to formal options like going to court. If the parties cannot reach an agreement, the law dictates how a couple’s property should be divided between them.

However, these laws only apply to married couples or people who have been in a de facto relationship for a minimum period of 2 years. From the information you provided, it appears that your relationship would not be recognised as a de facto relationship in the eyes of the law, and therefore the rules about property division do not apply to you.

You should try to negotiate with your ex-partner to resolve the issue. You may want to consider using the free mediation services provided by a Community Justice Centre (www.cjc.justice.nsw.gov.au). Mediation involves an independent third party who helps the parties try to resolve their dispute. Pursuing more formal dispute resolution options, like going to court, may not be worthwhile as these avenues can be time consuming and more costly than the value of the money you are seeking to recover.

Suggested way forward

You should try to resolve the matter by negotiating or mediating the issues with your ex partner. If you want more detailed advice on your legal rights and options, you should consider speaking to a family lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer


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